We own the boundary wall surrounding our properties. We have a developer who has build a house on the opposite side, the land has always been lower on the opposite side. As part of the new development the developer has asked planning to approve the land being brought up to the same level as our own gardens. As the boundary wall is our property is this allowable, can your new neighbour with planning permission backfill his land against your boundary wall?

We are in Scotland and therefore not covered by the boundary wall act.

We own the boundary wall surrounding our properties. We have a developer who has build a house on the opposite side, the land has always been lower on the opposite side. As part of the new development the developer has asked planning to approve the land being brought up to the same level as our own gardens. As the boundary wall is our property is this allowable, can your new neighbour with planning permission backfill his land against your boundary wall?

We are in Scotland and therefore not covered by the boundary wall act.

Many thanks

Is this the same wall mentioned in your other thread?

A lot would depend on the age, type and condition of the wall whether it's suitable or desirable.

Whether he gets planning permission or not, he will still need your permission - there is no automatic 'right of support' in these circumstances.

With the information available, it would have to be a no to his proposal, as it could seriously limit or prevent how you can develop your land in the future.

The wall is a very old farm wall which varies in height, on my own land this is 2 metres. The boundary wall appears to be brick which is covered with roughcasting on it and the land to the opposite side has always been lower than our own. The developer has built his foundation at least 2 to 3 feet above ground level and therefore is proposing to backfill the land against the boundary wall (there is only 4 meters of a gap). We have provided a report to the planning department with the neighbours objections, unfortunately the developer appears to get his own way with planning! It is then passed off to ourselves as a legal matter.....